Inside GNSS Media & Research

JUL-AUG 2019

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40 Inside GNSS J U L Y / A U G U S T 2 0 1 9 O n February 28, the European Av iation Safet y Agency (EASA) announced that we are "one step closer to har- monized rules for safe drones operation in Europe." What's changed? e announcement is based on a num- ber of regulations adopted over the course of 2018 and early 2019. Setting the grounds essential for the development was the so-called Basic Regulation of EASA (Regulation (EU) 2018/1139 on "Common rules in the fi eld of civil aviation and establishing a European Union Aviation Safety Agency"), adopted in July 2018. Despite the regu- lation's title, the European Aviation Safety Agency was already established back in 2002 with Regulation (EC) No 1592/2002. It was, how- ever, not before the recent amendment of the regula- tion in July 2018 that EASA's rule making competence for "unmanned aircraft" was expanded to also cover unmanned aircraft with an operating mass of less than 150 kilograms. is shi of competence from member states to the EU for practically all non-mil- itary aircra indeed marks the basis for all future harmonization in law regarding unmanned aircra within the Union. It provides the European Commission with the competence to propose a Delegated and an Implementing Regulation with EUROPEAN UNION UAS HARMONIZATION MOVES FORWARD What's Changed? What Are the Implications? OLIVER HEINRICH, JAN HELGE MEY BHO LEGAL, GERMANY Europe has set out to abolish the national patchwork for drone operations. Faced with diff erent drone rules all over the continent, the legislative bodies of the European Union have been very busy lately. UAS & THE LAW Oliver Heinrich is co-founder and partner with BHO Legal, a boutique law firm based in Cologne, Germany, with a focus on aerospace and high-tech- nology projects. Oliver studied German and Anglo-American law at the Universities of Trier and Cologne. He wrote his doc- toral thesis at the Institute of Air and Space Law at the Uni- versity of Cologne on national and European research funding. Prior to working as an attorney, Oliver worked in the contracts department of the German Aerospace Centre, DLR, and then as DLR's project manager for the European Satellite Navigation System Galileo at DLR and legal manager for a joint venture of DLR, EADS Astrium (now Airbus DS), T-Systems and a Bavarian bank. further necessary regulatory details. Even military and other public activities may be placed under the uniform regulatory regime of the EU, if a member state makes use of the opt-in clause that also covers unmanned aircra . T he EASA Com m it tee, na mely the committee for the application of common safety rules in the field of civ il av iation, approved of t he European Commission's proposal for the Implementing Regulation also on February 28, 2019. This act regulates the operations of Unmanned Aircra Systems (UAS) in Europe and the regis- tration of drone operators and of certi- fi ed drones. e so-called Delegated Regulation was adopted by the European Commission on March 12, 2019 and then sent to the legislative bodies, the EU Parliament and the Council, which had two months to raise objections. It defines the technical requirements for drones brought to the EU market. In lack of objections by the legislative bodies, it is expected that both acts will be published and will become gradu- ally applicable within a year. By 2022, the transitional period will be complet- ed and the legal framework for drones within the EU will be fully applicable. What's New? e new legal acts are highly complex and introduce much detail for drone BY 2022, THE TRANSITIONAL PERIOD WILL BE COMPLETED AND THE LEGAL FRAMEWORK FOR DRONES WITHIN THE EU WILL BE FULLY APPLICABLE.

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